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Monthly Archives: June 2009

Summary Dispositions (access required)

The Virginia Court of Appeals has handed down the following summary dispositions in administrative cases: Goodyear Tire & Rubber Co. v. Tarpley, Record No. 2945-08-3, May 5, 2009, upholding a workers’ comp award of lifetime medical benefits. VLW 009-7-204(UP), 2 ...

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Traffic Offenses – DUI – Seizure – Reasonable Suspicion (access required)

A trial court was entitled to decide that the officer’s stop of defendant’s vehicle was reasonable, even if the officer mistakenly believed that the license plate light was not operating, as a possible violation of Va. Code § 46.2-1013, and ...

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Search & Seizure – Seizure – Consent To Search (access required)

A trial court was entitled to credit a police officer’s account that defendant consented to a search when he “kind of raised his hands” when asked if he had any contraband, as if to say “you can search me if ...

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Criminal – Burglary Tool Possession – Intent (access required)

The Court of Appeals affirms defendant’s conviction for possession of burglary tools, despite his claim the prosecution did not prove the requisite intent, as well as revocation of defendant’s suspended sentence. A security guard found defendant on MAACO’s fenced auto ...

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Criminal – Embezzlement – Intent – Non-Profit Treasurer (access required)

The Court of Appeals vacates embezzlement convictions of the treasurer of a non-profit corporation formed to manage common areas of a residential real estate development in Bath County, as the commonwealth failed to prove she intended to embezzle funds when ...

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Criminal – Murder Conviction – Cause Of Death – Expert Opinion (access required)

Testimony from the medical examiner who examined the victim’s beaten body in 1983, at the time of her death, on the sequence of injuries and cause of death from head injury, supported the conviction of defendant, who was arrested under ...

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Domestic Relations – Property Settlement Agreement – Husband’s Competence – Mental Disability (access required)

Husband, a schizoaffective psychotic on weekend furlough from a psychiatric ward, did not have the requisite mental competence to agree to a marital settlement that transferred all marital assets to wife and all marital debts to husband, and the Court ...

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Search & Seizure – Search Warrant – Affidavit (access required)

An affidavit that merely asserted that a “reliable person” had observed oxycontin and methadone inside a particular residence within the past 72 hours, and stated the search was “requested in relation to an offense substantially described as follows: 18.2-248 – ...

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Civil Procedure – Discovery Responses – Debt Collection (access required)

In this consumer protection suit challenging defendants’ efforts to collect a debt, a magistrate judge in the Richmond U.S. District Court suspends the trial date to allow for additional discovery responses, and partially grants plaintiff’s motion to compel, including ordering ...

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